VRÜ Verfassung und Recht in Übersee

As a general rule, where a matter falls purely in the realm of contract law (i.e. where there is a contractual dispute, pure and simple, in relation to a contract with the Government/State), a writ petition cannot be moved under article 32 or 226 of...

On April 28th, 2016, the Constitutional Court of Colombia decided that same-sex couples have a constitutional right to marry. This decision draws on the jurisprudence of courts in other countries which have decided, since 2002, that excluding...

This article analyzes the effectiveness of Nigeria’s genetic resources regime as an appropriate measure to engender adequate conservation and sustainable use of biodiversity, particularly in the face of global economic realities, best practices...

Authoritarian constitutionalism is a new category used by constitutional law scholars to refer to a distinct type of regime wherein there are faulty practices and a constitution with an authoritarian content. With these characteristics in mind it...

The Constitutional Court of the Republic of Gabon, established in 1991, enjoys all the competences of comparable African Constitutional Courts, influenced by the French Constitutional Law. Especially the execution of its competence regarding...

South Africa has come a long way since the constitutional revolution that swept the country in the early 1990s. The Constitution of the Republic of South Africa, 1996 introduced and continues to drive far-reaching changes to the political, social...

Four years ago the Colombian government has entered into peace negotiations with the guerilla group FARC in order to terminate the armed conflict which has been raging in the country for more than fifty years. The most controversial issue has...

This contribution reviews Ran Hirschl’s book “Comparative Matters” to discuss the discipline of comparative constitutional law. It contrasts his social science approach, informed by comparative politics, with a more lawyerly approach he very...

Comparative law seems to suggest that constitutions, and the accompanying ideology of constitutionalism, cross national and cultural borders seamlessly, making Global Constitutionalism a likely reality. Yet, there are constitutional items - odd...

Global South legal comparison is taking off, and transformative constitutionalism has become one of its key slogans as a description of the expansive constitutional jurisprudence of many Global South courts. This is an important development. But its...

Working as a comparative lawyer means engaging with foreign law. In the process of comparing, the comparatist creates a relationship between the Self and the Other and tries to identify commonalities and differences. This always goes along with the...